1.2. Grounds for the emergence of the right of inheritance

Any real estate objects: land plots, private houses and privatized apartments are secured by a title document, which reflects the fact of the transfer of property rights to the object to the present owner. Only on its basis does the right of ownership arise, enshrined in Chapter 17 of the Constitution of the Russian Federation. Since this document plays a significant role in ensuring the legal basis of real estate, you need to know all the nuances associated with its receipt and features of use.

Characteristics of a title document - what is it?

The title deed is the primary document on the basis of which the owner has the right to own the property. It is he who generates the right of ownership and establishes it:

1. By transfer from the previous owner. For example, the transfer of land or buildings can occur during property transactions, through inheritance or privatization, and also if the plaintiff has seized an apartment, dacha or other object from the defendant.
2. Based on the origin and initial registration of the object. This category includes newly allocated land plots, newly built houses and apartments in new buildings.

Practice shows that some citizens confuse it with the title document received from Rosreestr after registering property rights:

• with a certificate of ownership;
• or an extract from the Unified State Register of Real Estate (USRN).

This identification is fundamentally incorrect; it is unacceptable to compare these documents since they perform different functions. The document of title records the fact of the emergence of property rights, and the document of title is secondary and states that information about property arising on the basis of the corresponding primary document:

• officially recognized;
• approved by registration in Rosreestr;
• entered into the State Register of the Russian Federation.

Every landowner or homeowner must have a title document - without it, he would not have taken ownership of the real estate. The main function of this paper is that without it the object cannot participate in a property transaction. That is, it cannot be:

• sell;
• exchange for other property;
• give;
• pass on to heirs.

I would like to draw special attention to the fact that before planning a property transaction, you should check the documentation package and find out the presence or absence of this document. If it is lost, it will need to be restored before the preliminary purchase and sale agreement (PPSA) begins to be drawn up with the buyer, otherwise the deal will fall through due to the fault of the seller who did not provide the proper legal basis. And he, according to the provisions of Article 381 of the Civil Code of the Russian Federation, will have to return the deposit received in double amount.

Types of title documents

Since this category of official papers includes many varieties, this article will present only an exhaustive list of those that regulate the issue of transfer of ownership from one owner to another. Primary documentation of newly emerged objects requires a separate analysis and is the subject of a separate article.

Property transaction agreements

Agreements are the most common types of title documentation obtained as a result of property transactions: purchase and sale, exchange or donation. The main characteristics of this documentation are as follows:

• drawn up by the parties personally or with the participation of an authorized representative;
• signed by the parties personally or by their authorized representatives;
• can be certified by a notary;
• must have a registration mark from Rosreestr.

The rules for drawing up contracts are regulated by civil law. According to Article 550 of the Civil Code of the Russian Federation, they have only written form and are executed on paper. According to paragraph 1 of Article 551 and paragraph 2 of Article 558 of the Civil Code of the Russian Federation, they come into force only after registration. It was repeatedly noted that the owner did not have a registration mark, but he did have a certificate of ownership. In this case, the problem can be corrected by contacting the multifunctional center (MFC) with a certificate of ownership or an extract from the Unified State Register, writing a statement about the alleged technical error. If the procedure itself is performed properly, the registration mark will be placed after checking the information available in the database.

I also recommend that you pay attention to the fact that the contract may contain a notary certification mark, in accordance with Article 163 of the Civil Code of the Russian Federation. In no case should it be considered to replace the registration mark. Registration with a notary has legal force, but information is entered into the information bank only upon registration with Rosreestr. Notarized contracts must have two marks: about certification and about registration.

The apartment purchase and sale agreement is a document of title, as it records the transfer of rights to real estate from the seller to the buyer

The owner must have a property transaction agreement if he bought an apartment, land or house. And also if he exchanged it for other property or received real estate as a gift. This documentation can be obtained from the counterparty to the transaction at the notary or legal office where the agreement was concluded for the purpose of conducting the transaction. But what to do if such an agreement is lost? In this case, the document should be restored by writing an application to the law firm or notary office where the transaction was registered, requesting its duplicate.

The resulting duplicate has the same legal capacity as the lost original. But it may arouse suspicion among incompetent buyers, so in this case it is best to obtain an additional document - an extract from the Unified State Register of Rights (USRE), which will indicate the latest information about the ownership of the object. You can obtain such an extract at the MFC or on the government services portal.

Please note that the document can only be ordered on the government services website, but you will have to receive it at the same MFC, saving time on the initial visit.

Certificates of inheritance by law and by will

A certificate of inheritance is issued to the owner only after the death of the previous owner. It is characterized by the fact that it certifies the fact of transfer of real rights to real estate, according to the following:

1. The last will of the deceased, expressed in a testamentary disposition.
2. The degree of relationship that allows entry into real rights to the property of the deceased in relation to queues under the law.

It looks like an official document issued by a notary office, with a mandatory registration mark by Rosreestr.

A certificate of inheritance rights is issued by a notary

Receiving an inheritance by will and by law has equivalent legal capacity, as indicated by Articles 1110, 1111, 1116 of the Civil Code of the Russian Federation. However, it must be taken into account that most often, according to statistics from judicial practice, inheritance disputes arise regarding wills that deprived relatives are trying to challenge. In this case, I would like to give relevant advice to both the buyer and the seller. The buyer should check, and the seller should additionally obtain a certificate confirming the absence of legal disputes and claims to the property by relatives. A certificate of “no encumbrances” can be obtained from the MFC or ordered on the government services website. Or - find out the period that has passed since entering into inheritance. If it is more than three years old, then, according to Article 196 of the Civil Code of the Russian Federation, the statute of limitations has expired and real estate can be purchased.

If the owner has a certificate of inheritance, then in order to participate in the transaction it must meet the following requirements:

1. The heir must be the sole owner of the property, or the property is sold by all heirs jointly acting as the buyer.
2. If there is more than one heir, then they must formalize a notarized waiver of the inheritance share in the property or sell their shares at the same time.
3. If all heirs simultaneously sell an inherited property, they must first register their joint ownership as shared ownership.

Therefore, the following may be attached to the certificate of inheritance:

• notarized waiver of the share in favor of the seller;
• agreement on the allocation of shares;
• the court's decision.

If such documentation is attached, it means that the heir to the property has prepared in good faith for the upcoming transaction.

Agreements on division of property and allocation of shares

Such a document can act as a legal document only if the marriage is dissolved. For example, on the basis of a voluntary decision of the spouses that the dacha or apartment belongs to one of them, in exchange for the fact that the second is left with a car or a commensurate amount of money.

A property division agreement involves the voluntary transfer of part of the property to a spouse

It must be taken into account that an agreement always has an additional nature and comes into legal force only when there is a basic document on the emergence of a joint right. That is, before dividing the apartment, it had to be jointly purchased or privatized. In this case, two documents must be available:

• property transaction or privatization agreement;
• certificate of division of property.

The question of the status of the agreement as a legal document is controversial, however, it appears to be legal for the following reasons:

• without it, the spouse cannot be considered the full owner;
• it must be presented during a property transaction.

If the spouses separated without drawing up such an agreement after the divorce, they can meet with a notary and draw it up. This action will end mutual dependence on property issues. If the second spouse refuses to draw up an agreement after the divorce, the issue can be resolved in court.

A post-divorce agreement is not required if the property was inherited by one of the spouses, or received as a gift - even if this happened during the period of cohabitation. Such property is not considered common and does not participate in the division.

Heirs primarily receive property through the inheritance estate. Therefore, after receiving a certificate of inheritance, they have to formalize the division of the inheritance mass:

• agreement on the division of the inherited estate;
• or an agreement on the allocation of shares in joint property.

In this case, the agreement also acts as an additional document of title, which is attached to the certificate of inheritance.

For former spouses who do not want to burden themselves with drawing up an agreement, we can recommend the sale of an apartment or other object with an annex instead of an agreement - permission to sell from the second spouse. It must be drawn up in full form and certified by a notary. This document will be fully equivalent to an agreement, although it has no relation to title documentation.

Court decisions and administrative acts

Administrative acts always act as title documents in relation to newly allocated or privatized plots. They are issued for plots indicating the cadastral number and other cadastral and technical characteristics. The act is drawn up on the letterhead of the administration of the locality with an official message about the transfer or establishment of ownership with the details of the protocol of the administrative commission on the allocation of such a plot. If the plot is sold at auction, the following is attached to the deed:

• tender protocol;
• receipt for payment of the cost of land.

In addition, acts can be issued if the primary document on the acquisition of land ownership is lost. Therefore, if you do not have documents for the land, you should contact the land department of the local administration or the land management department. Only if the administration refuses to recognize the ownership of the plot can you go to court by submitting an official refusal to the court.

Court decisions have the widest range of powers. They are used, among other things, in the event of a problem with the title document. According to Articles 209, 321 of the Code of Civil Procedure of the Russian Federation, they are subject to immediate execution, with the exception of cases of appeal in a higher court or in the court of cassation. The court's decision is as follows:

• recognize as valid a document whose text has been damaged;
• replace a lost title document;
• replace an incorrectly drawn up title document;
• replace a obviously missing title document;
• register the property with cadastral registration in Rosreestr;
• make the required registration entry;
• recognize the right of ownership of the subject.

Rights to real estate can be transferred from one entity to another and in a forced, judicial manner

Depending on the circumstances, a court decision issued in the form of an extract can act as an independent document of title - if it certifies the fact of the emergence of property rights to the object. For example, when recognizing rights to self-construction or other types of recognition of property rights. When a court decision establishes the legal capacity of the disputed primary document, it acts in tandem with it.

For example, if the will was disputed by the relatives of the deceased, and the court sided with the heir under the will, the court decision must be provided in conjunction with a certificate of inheritance. If the court sided with the relatives, the will loses legal force, and the court decision remains the only document of title and is subsequently presented as an independent document.

There is no need to delay the procedure for obtaining or restoring the original document. If you have received a refusal from institutions that could issue a duplicate or an administrative act, you must immediately (within 10 days after the official refusal) apply to the court for help. According to the regulations, all issues related to real estate are resolved in the district court at its location, as stated in Article 30 of the Code of Civil Procedure of the Russian Federation. Having received a court decision, you urgently need to register the property in Rosreestr and obtain an extract from the Unified State Register of Real Estate. After this, ownership of real estate will leave no doubt about its legality.

Chapter 14. Acquisition of ownership rights

• Article 218. Grounds for acquiring property rights
• Article 219. Emergence of ownership rights to newly created real estate
• Article 220. Processing
• Article 221. Taking ownership of things publicly available for collection
• Article 222. Unauthorized construction
• Article 223. The moment of emergence of the ownership right of the acquirer under the contract
• Article 224. Transfer of things
• Article 225. Ownerless things
• Article 226. Movable things abandoned by the owner
• Article 227. Finding
• Article 228. Acquisition of ownership of a find
• Article 229. Reimbursement of expenses associated with the discovery and reward to the finder of the thing
• Article 230. Stray animals
• Article 231. Acquisition of ownership rights to stray animals
• Article 232. Reimbursement of expenses for the maintenance of stray animals and remuneration for them
• Article 233. Treasure
• Article 234. Acquisitive prescription

Article 218. Grounds for acquiring property rights

1. The right of ownership to a new thing manufactured or created by a person for himself in compliance with the law and other legal acts is acquired by this person.
The right of ownership to fruits, products, income received as a result of the use of property is acquired on the grounds provided for in Article 136 of this Code.

2. The right of ownership to property that has an owner may be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction for the alienation of this property.

In the event of the death of a citizen, the ownership of his property is inherited by other persons in accordance with a will or law.

In case of reorganization of a legal entity, the ownership of the property belonging to it passes to legal entities - legal successors of the reorganized legal entity.

3. In the cases and in the manner provided for by this Code, a person may acquire ownership rights to property that does not have an owner, to property whose owner is unknown, or to property that the owner has abandoned or to which he has lost the right of ownership on other grounds, provided by law.

4. A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided to these persons by the cooperative, acquire the right of ownership to the specified property.

Article 219. Emergence of ownership rights to newly created real estate

The right of ownership to buildings, structures and other newly created real estate, subject to state registration, arises from the moment of such registration.

Article 220. Processing

1. Unless otherwise provided by the contract, the right of ownership to a new movable thing made by a person by processing materials that do not belong to him is acquired by the owner of the materials.

However, if the cost of processing significantly exceeds the cost of materials, ownership of the new item is acquired by the person who, acting in good faith, carried out the processing for himself.

2. Unless otherwise provided by the contract, the owner of the materials, who has acquired the right of ownership to the thing made from them, is obliged to compensate the cost of processing to the person who carried out it, and in the event of acquisition of the right of ownership to a new thing by this person, the latter is obliged to compensate the owner of the materials for their cost.

3. The owner of materials who have lost them as a result of dishonest actions of the person who carried out the processing has the right to demand the transfer of a new thing into his ownership and compensation for losses caused to him.

Article 221. Taking ownership of things publicly available for collection

In cases where, in accordance with the law, a general permit given by the owner, or in accordance with local custom, the picking of berries, the extraction (catch) of fish and other aquatic biological resources, the collection or extraction of other publicly available things and animals is allowed in a certain territory, ownership the relevant items are acquired by the person who collected or extracted them.

(as amended by Federal Laws dated 03.06.2006 N 73-FZ, dated 04.12.2006 N 201-FZ, dated 06.12.2007 N 333-FZ)

Article 222. Unauthorized construction

1. An unauthorized construction is a building, structure or other structure erected or created on a land plot that was not provided in the prescribed manner, or on a land plot the permitted use of which does not allow the construction of this object on it, or erected or created without receiving the necessary funds for it. by virtue of the law of approvals, permits or in violation of town planning and construction norms and rules, if the permitted use of the land plot, the requirement to obtain the appropriate approvals, permits and (or) the specified town planning and building norms and rules are established on the date of commencement of construction or creation of an unauthorized structure and are valid on the date of discovery of the unauthorized construction.

A building, structure or other structure erected or created in violation of the restrictions on the use of a land plot established in accordance with the law, if the owner of this object did not know and could not know about the effect of these restrictions in relation to the land plot owned by him, is not an unauthorized construction.

(Clause 1 as amended by Federal Law dated 03.08.2018 N 339-FZ)

2. A person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions.

The paragraph is no longer valid. — Federal Law of August 3, 2018 N 339-FZ.

The use of unauthorized construction is not permitted.

(paragraph introduced by Federal Law dated August 3, 2018 N 339-FZ)

An unauthorized building is subject to demolition or bringing it into compliance with the parameters established by the rules of land use and development, territory planning documentation, or mandatory requirements for the parameters of the building provided for by law (hereinafter referred to as the established requirements), by the person who carried it out or at his expense, and in the absence of information about him by a person in ownership, lifelong inheritable possession, permanent (perpetual) use of which is the land plot on which an unauthorized building is erected or created, or by a person to whom such a land plot, which is in state or municipal ownership, has been granted for temporary possession and use , or at the expense of the relevant person, except for the cases provided for in paragraph 3 of this article, and cases where the demolition of an unauthorized building or its bringing into compliance with established requirements is carried out in accordance with the law by a local government body.

(paragraph introduced by Federal Law dated August 3, 2018 N 339-FZ)

3. The right of ownership of an unauthorized construction may be recognized by the court, and in cases provided for by law in another manner established by law, for the person in whose ownership, lifelong inheritable possession, permanent (perpetual) use is the land plot on which the construction was created, while simultaneously observing following conditions:

if in relation to the land plot the person who carried out the construction has rights allowing the construction of this object on it;

if on the day of going to court the building meets the established requirements;

(as amended by Federal Law dated August 3, 2018 N 339-FZ)

if the preservation of the building does not violate the rights and legally protected interests of other persons and does not create a threat to the life and health of citizens.

In this case, the person whose ownership of the building has been recognized shall reimburse the person who carried it out for the costs of construction in the amount determined by the court.

(clause 3 as amended by Federal Law dated July 13, 2015 N 258-FZ)

3.1. The decision to demolish an unauthorized structure or the decision to demolish an unauthorized structure or bring it into compliance with established requirements is made by a court or, in the cases provided for in paragraph 4 of this article, by a local government body of a settlement, urban district (municipal area, provided that the unauthorized structure is located in an intersettlement area) .

(clause 3.1 introduced by Federal Law dated August 3, 2018 N 339-FZ)

3.2. A person, in whose ownership, lifelong inheritable possession, permanent (perpetual) use is a land plot on which an unauthorized structure has been erected or created, and who has fulfilled the requirement to bring the unauthorized structure into compliance with established requirements, acquires the right of ownership of such building, structure or other structure in accordance with this Code.

A person who has been granted temporary possession and use for construction purposes of a land plot that is in state or municipal ownership and on which an unauthorized structure has been erected or created, acquires the right of ownership to such building, structure or other structure if he fulfills the requirement to bring the unauthorized buildings in accordance with established requirements, unless this contradicts the law or contract.

A person who has acquired ownership of a building, structure or other structure shall reimburse the person who carried out its construction for construction costs minus the costs of bringing the unauthorized structure into compliance with established requirements.

(clause 3.2 introduced by Federal Law dated August 3, 2018 N 339-FZ)

4. Local government bodies adopt in the manner prescribed by law:

1) a decision on the demolition of an unauthorized structure in the event that an unauthorized structure was erected or created on a land plot in respect of which there are no title documents and the need for their availability is established in accordance with the legislation on the date of commencement of construction of such an object, or an unauthorized building is erected or created on land a site whose type of permitted use does not allow the construction of such an object on it and which is located within the boundaries of a public territory;

2) a decision to demolish an unauthorized structure or bring it into compliance with established requirements if the unauthorized structure was erected or created on a land plot, the type of permitted use of which does not allow the construction of such an object on it, and this building is located within the boundaries of a zone with special conditions use of the territory, provided that the regime of the specified zone does not allow the construction of such a facility, or if there is no construction permit for the unauthorized construction, provided that the boundaries of the specified zone, the need for this permit are established in accordance with the legislation on the date of commencement of construction such an object.

The period for demolishing an unauthorized structure is established taking into account the nature of the unauthorized construction, but cannot be less than three months and more than twelve months; the period for bringing the unauthorized structure into compliance with the established requirements is established taking into account the nature of the unauthorized construction, but cannot be less than six months and more than three years.

The decisions provided for in this paragraph cannot be made by local government bodies in relation to unauthorized buildings erected or created on land plots that are not state or municipal property, except in cases where the preservation of such buildings poses a threat to the life and health of citizens.

In any case, local government bodies do not have the right to make a decision on the demolition of an unauthorized building or a decision on the demolition of an unauthorized building or bringing it into compliance with established requirements in relation to a real estate property, the ownership of which is registered in the Unified State Register of Real Estate or recognized by the court in accordance with paragraph 3 of this article or in respect of which the court previously made a decision to refuse to satisfy claims for the demolition of an unauthorized building, or in respect of an apartment building, residential building or garden house.

(Clause 4 as amended by Federal Law dated 03.08.2018 N 339-FZ)

Article 223. The moment of emergence of the ownership right of the acquirer under the contract

1. The right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or the contract.

2. In cases where the alienation of property is subject to state registration, the acquirer’s right of ownership arises from the moment of such registration, unless otherwise provided by law.

Real estate is recognized as belonging to a bona fide purchaser (clause 1 of Article 302) on the right of ownership from the moment of such registration, with the exception of the cases provided for in Article 302 of this Code when the owner has the right to claim such property from a bona fide purchaser.

(paragraph introduced by Federal Law of December 30, 2004 N 217-FZ)

3. A bona fide purchaser of residential premises, whose claim was rejected on the basis of paragraph 4 of Article 302 of this Code, is recognized as the owner of the residential premises from the moment of state registration of his ownership rights. In this case, the ownership right of a bona fide purchaser may be challenged in court and the residential premises may be demanded from him in accordance with paragraphs 1 and 2 of Article 302 of this Code only at the request of a person who is not a subject of civil law specified in paragraph 1 of Article 124 of this Code Code.

(Clause 3 introduced by Federal Law dated December 16, 2019 N 430-FZ)

Article 224. Transfer of things

1. Delivery is the delivery of a thing to the acquirer, as well as delivery to a carrier for sending to the acquirer or delivery to a communications organization for forwarding to the acquirer of things alienated without the obligation of delivery.

The thing is considered delivered to the acquirer from the moment it actually comes into the possession of the acquirer or the person indicated by him.

2. If at the time of concluding an agreement on the alienation of a thing it is already in the possession of the acquirer, the thing is recognized as transferred to him from that moment.

3. The transfer of a bill of lading or other document of title to it is equivalent to the transfer of a thing.

Article 225. Ownerless things

1. An ownerless thing is a thing that does not have an owner or the owner of which is unknown or, unless otherwise provided by law, the owner of which has renounced the right of ownership.

(Clause 1 as amended by Federal Law dated July 22, 2008 N 141-FZ)

2. If this is not excluded by the rules of this Code on the acquisition of ownership of things that the owner has abandoned (Article 226), on finds (Articles 227 and 228), on stray animals (Articles 230 and 231) and treasure (Article 233), ownership of ownerless movable things can be acquired by virtue of acquisitive prescription.

3. Ownerless immovable things are accepted for registration by the body carrying out state registration of rights to real estate, upon application from the local government body in whose territory they are located.

After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

4. In the federal cities of Moscow, St. Petersburg and Sevastopol, ownerless real estate located in the territories of these cities are accepted for registration by the authorities carrying out state registration of rights to real estate, upon applications from the authorized state bodies of these cities.

(as amended by Federal Law dated July 3, 2016 N 333-FZ)

After a year has passed from the date of registration of an ownerless immovable property, the authorized state body of the federal city of Moscow, St. Petersburg or Sevastopol may apply to the court with a request to recognize the ownership rights of the federal city of Moscow, St. Petersburg or Sevastopol to this thing.

(as amended by Federal Law dated July 3, 2016 N 333-FZ)

An ownerless immovable property, not recognized by a court decision as having become the property of a federal city of Moscow, St. Petersburg or Sevastopol, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

(as amended by Federal Law dated July 3, 2016 N 333-FZ)

(Clause 4 introduced by Federal Law No. 7-FZ dated 02/09/2009)

Article 226. Movable things abandoned by the owner

1. Movable things abandoned by the owner or otherwise abandoned by him for the purpose of renouncing the right of ownership of them (abandoned things) may be turned into their property by other persons in the manner provided for in paragraph 2 of this article.

2. A person who owns, possesses or uses a plot of land, a body of water or another object where there is an abandoned thing, the cost of which is clearly lower than the amount corresponding to five times the minimum wage, or abandoned scrap metals, defective products, driftwood from an alloy , dumps and drains formed during the extraction of minerals, industrial waste and other waste, has the right to convert these things into his property by starting to use them or by performing other actions indicating the conversion of the thing into ownership.

(as amended by Federal Law dated June 3, 2006 N 73-FZ)

Other abandoned things become the property of the person who took possession of them if, at the request of this person, they are recognized by the court as ownerless.

Article 227. Finding

1. The person who finds a lost thing is obliged to immediately notify the person who lost it, or the owner of the thing or any other person known to him who has the right to receive it, and return the found thing to this person.

If an item is found on premises or in a vehicle, it must be handed over to the person representing the owner of this premises or vehicle. In this case, the person to whom the find is handed over acquires the rights and bears the responsibilities of the person who found the thing.

2. If the person who has the right to demand the return of the found thing or his whereabouts are unknown, the finder of the thing is obliged to report the find to the police or local government body.

(as amended by Federal Law No. 4-FZ dated 02/07/2011)

3. The person who finds the thing has the right to keep it or deposit it with the police, local government body or a person indicated by them.

(as amended by Federal Law No. 4-FZ dated 02/07/2011)

A perishable item or an item, the storage costs of which are disproportionately large compared to its value, may be sold by the finder of the item upon receipt of written evidence certifying the amount of proceeds. Money received from the sale of a found item must be returned to the person authorized to receive it.

4. The finder of a thing is liable for its loss or damage only in the case of intent or gross negligence and within the limits of the value of the thing.

Article 228. Acquisition of ownership of a find

1. If, within six months from the date of reporting the find to the police or to a local government body (clause 2 of Article 227), the person authorized to receive the found thing is not identified or does not himself declare his right to the thing to the person who found it or to the police or to the local government body, which finds the thing and acquires ownership of it.

(as amended by Federal Law No. 4-FZ dated 02/07/2011)

2. If the finder of the thing refuses to acquire ownership of the found thing, it becomes municipal property.

Article 229. Reimbursement of expenses associated with the discovery and reward to the finder of the thing

1. The person who found and returned the thing to the person authorized to receive it has the right to receive from this person, and in cases of transfer of the thing into municipal ownership - from the relevant local government body, compensation for the necessary expenses associated with the storage, delivery or sale of the thing, as well as the costs of detection of the person authorized to receive the thing.

2. The finder of the thing has the right to demand from the person authorized to receive the thing a reward for the find in the amount of up to twenty percent of the value of the thing. If the found item is of value only to the person authorized to receive it, the amount of the reward is determined by agreement with this person.

The right to a reward does not arise if the finder of the thing did not report the find or tried to conceal it.

Article 230. Stray animals

1. A person who has detained stray or stray livestock or other stray domestic animals is obliged to return them to the owner, and if the owner of the animals or his place of stay is unknown, no later than three days from the moment of detention, report the discovered animals to the police or local government body, which are taking measures to find the owner.

(as amended by Federal Law No. 4-FZ dated 02/07/2011)

2. During the search for the owner of the animals, they may be left by the person who detained them for their maintenance and use, or handed over for maintenance and use to another person who has the necessary conditions for this. At the request of the person who detained stray animals, the police or a local government body will find a person who has the necessary conditions for their maintenance and transfer the animals to him.

(as amended by Federal Law No. 4-FZ dated 02/07/2011)

3. The person who detained stray animals and the person to whom they were transferred for maintenance and use are obliged to properly maintain them and, if guilty, are responsible for the death and damage of the animals within the limits of their value.

Article 231. Acquisition of ownership rights to stray animals

1. If, within six months from the date of application for detention of stray domestic animals, their owner is not found or does not declare his right to them, the person who kept and used the animals acquires the right of ownership to them.

If this person refuses to acquire ownership of the animals kept by him, they become municipal property and are used in the manner determined by the local government body.

2. In the event of the appearance of the previous owner of the animals after their transfer to the ownership of another person, the former owner has the right, in the presence of circumstances indicating the preservation of affection for him on the part of these animals or cruelty or other improper treatment of them by the new owner, to demand their return on the terms, determined by agreement with the new owner, and if no agreement is reached, by the court.

Article 232. Reimbursement of expenses for the maintenance of stray animals and remuneration for them

In the event of the return of stray domestic animals to the owner, the person who detained the animals and the person who kept them and used them have the right to compensation by their owner for the necessary expenses associated with the maintenance of the animals, with the benefits derived from their use offset.

A person who has detained stray domestic animals has the right to a reward in accordance with paragraph 2 of Article 229 of this Code.

Article 233. Treasure

1. Treasure, that is, money or valuable objects buried in the ground or otherwise hidden, the owner of which cannot be identified or has lost the right to them by force of law, becomes the property of the person who owns the property (land plot, building, etc. .), where the treasure was hidden, and the person who discovered the treasure, in equal shares, unless otherwise established by agreement between them.

If a treasure is discovered by a person who carried out excavations or a search for valuables without the consent of the owner of the land plot or other property where the treasure was hidden, the treasure must be transferred to the owner of the land plot or other property where the treasure was discovered.

2. In the event of the discovery of a treasure containing things that belong to cultural values ​​and the owner of which cannot be identified or, by virtue of the law, has lost the right to them, they are subject to transfer to state ownership. In this case, the owner of the land plot or other property where the treasure was hidden, and the person who discovered the treasure, have the right to receive together a reward in the amount of fifty percent of the value of the treasure. The remuneration is distributed among these persons in equal shares, unless otherwise established by agreement between them.

(as amended by Federal Law dated July 23, 2013 N 245-FZ)

If such a treasure is discovered by a person who carried out excavations or searches for valuables without the consent of the owner of the property where the treasure was hidden, remuneration to this person is not paid and goes entirely to the owner.

3. The rules of this article do not apply to persons whose work or official duties included carrying out excavations and searches aimed at discovering treasure.

Article 234. Acquisitive prescription

1. A person - a citizen or a legal entity - who is not the owner of property, but who conscientiously, openly and continuously owns real estate as his own, unless other terms and conditions of acquisition are provided for by this article, for fifteen years or other property for five years , acquires ownership of this property (acquisitive prescription).

(as amended by Federal Law dated December 16, 2019 N 430-FZ)

The right of ownership to real estate and other property subject to state registration arises in the person who acquired this property by virtue of acquisitive prescription from the moment of such registration.

2. Before the acquisition of ownership rights to property by virtue of acquisitive prescription, a person who owns the property as his own has the right to protect his possession against third parties who are not the owners of the property, as well as those who do not have the right to own it by virtue of anything else provided by law or contract grounds.

3. A person referring to the prescription of possession may add to the time of his possession the entire time during which this property was owned by the one whose legal successor this person is.

4. The period of acquisitive limitation in relation to things held by a person from whose possession they could be claimed in accordance with Articles 301 and 305 of this Code begins from the day the thing came into open possession of a bona fide acquirer, and if the right was registered property of a bona fide acquirer of an immovable thing that he owns openly - no later than the moment of state registration of the ownership rights of such acquirer.

(Clause 4 as amended by Federal Law dated December 16, 2019 N 430-FZ)